DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The disclosure is objected to because of the following informalities: the CROSS-REFERENCE TO RELATED APPLICATIONS section of the Specification does not provide the status of parent Application Serial No. 17/697,531 as an issued patent, i.e., as U.S. Patent No. 12,234,576. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Japanese Patent Application Publication No. 4-202811 to Yamada et al. (the English translation referenced in the January 15, 2025 IDS is referred to herein) (“Yamada”) in view of U.S. Patent Application Publication No. 2015/0329996 to Hahm et al. (“Hahm”), and further in view of U.S. Patent No. 5,213,733 to Hwu et al. (“Hwu”) and U.S. Patent Application Publication No. 2007/0173566 to Pask et al. (“Pask”).
With regard to Claim 1, Yamada discloses a photochromic fiber for use in a textile material useful in clothing that comprises a core component and a sheath component. See, e.g., Summary of the Invention, page 1, entire document. Yamada discloses that the core component comprises a thermoplastic polymer, preferably polyethylene or polypropylene. Page 1. Yamada teaches that an organic photochromic compound, such as an azobenzene or spirooxazine, is blended with the core thermoplastic polymer. Page 2. Yamada teaches that the amount photochromic material is 0.1 to 30% by weight of the core component. Page 3. Yamada also notes that the amount of photochromic material is a result effective variable, with lower amount of photochromic material lessening detrimental fiber deterioration and higher amount of photochromic material providing greater color density. Id. Yamada discloses that the sheath component comprises a different thermoplastic polymer from the core component, preferably nylon-6 or nylon-66. Page 1. Yamada does not disclose that the sheath component of the fiber includes an amount of a near-infrared reflecting dye. Hahm is also related to a multi-component fiber useful in clothing. See, e.g., Abstract, entire document. Hahm teaches that the sheath component, illustrated as item A in Figure 1, of a multi-component fiber, can be formed of nylon and include IR reflective pigment reactive in a wavelength in the range of 940 to 1060 nm. Paragraphs [0046] and [0085]. Hahm further teaches that the amount of IR reflective pigment in an amount in the range of 0.001 to 50% by weight of the sheath component. Paragraph [0045]. It would have been obvious to a person having ordinary skill in the art at the time of the invention to provide a portion of near-infrared reflecting dye in the sheath portion of the fiber disclosed by Yamada in order to provide desired visible properties to the multi-component fiber, as shown to be known in the art by Hahm. The combination of Yamada and Hahm does not disclose providing a photochromic masterbatch using 5 parts photochromic dye with 95 parts polypropylene, then preparing a first mixture comprising 10 parts by weight of the photochromic masterbatch and 75 to 115 parts by weight of polypropylene. Similarly, the combination of Yamada and Hahm does not disclose providing a near-IR reflecting masterbatch using 15 parts near-IR reflecting dye with 85 parts nylon, then preparing a second mixture comprising 10 parts by weight of the near-IR reflecting masterbatch and 65 to 140 parts by weight nylon. Nonetheless, such a two-part polymer/additive mixing process is well known in the related art. Hwu is also related to synthetic textile materials, such as fibers, blended with a photochromic pigment. See, e.g., Abstract, entire document. Hwu teaches that “[p]referably, he photochromic dye is introduced into the polymer mixing process in a ‘masterbatch’ of polymer-encapsulated dye pellets” in an amount 1 to 10%. Column 1, line 66 – column 2, line 5. Hwu teaches that the masterbatch can then be mixed with a primary resin, which can be the same as the carrier resin of the masterbatch, in an amount 1:2 to 1:100, in order to make the resin that is extruded into fibers, wherein the types of resins used include polypropylene and nylon. Column 2, lines 17-33. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to prepare a photochromic masterbatch comprising 5 parts photochromic dye and 95 parts polypropylene, using that photochromic masterbatch to provide a first mixture comprising 10 parts by weight of the photochromic masterbatch and 75 to 115 parts by weight polypropylene, combined with preparing a near-IR reflecting masterbatch comprising 15 parts near-IR reflecting dye with 85 parts nylon, then preparing a second mixture comprising 10 parts by weight of the near-IR reflecting masterbatch and 65 to 140 parts by weight nylon, in order to provide improved dispersion of the additive ingredients to the polymer resin used to extrude the fibers, as shown to be known by Hwu, because such ratio amounts reflected in such a process ultimately overlap with the end-use amounts disclosed by Yamada for the photochromic compound and by Hahm for the near IR reflecting dye. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, (CCPA 1976). “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456 (CCPA 1955). The combination of Yamada with Hahm and Hwu does not disclose performing powder refining, powder dispersion, kneading, and granulation. Nonetheless, such processing is well known. Pask is related to improved processes for providing polymers with additive materials. See, e.g., Abstract, entire document. Pask teaches a powder refining process, a powder dispersion process, and a kneading and granulation processes, such as by mixing, stirring, using a solvent, dispensing, kneading, and granulation of the powders can be used to provide better dispersion and purity. Paragraphs [0043] to [0051]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to perform powder refining, powder dispersion, kneading, and granulation in the polymer/additive mixtures disclosed by the combination of Yamada with Hahm and Hwu in order to provide improved dispersion and purity of the extruded fibers, as shown to be known by Pask. With regard to Claims 4 and 5, Yamada discloses using more than one wax to provide a dispersing effect for the photochromic material, with the amount of each wax being about 0.1% by weight. Page 4. With regard to Claim 6, Yamada discloses that the core/sheath ratio is in the range of 10/90 to 90/10. Page 1. With regard to Claim 7, Pask teaches that a finer particle size leads to better dispersion. Paragraph [0003]. While Pask discloses that the average particle size can be as low as 500 nm, paragraph [0026], such an average particle size would inherently include some amount of particles that fell below that average value, i.e., in the range of 300 to 400 nm. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide an amount of particles with a particle size of 300 to 400 nm in order to increase dispersion of the dye within the polymer resin during the refining process, as shown to be known by Pask, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272 (CCPA 1980). With regard to Claim 8, given that the nylon polymer possesses a higher melting point and a higher processing temperature compared to polypropylene, it would have been obvious to a person having ordinary skill in the art at the time of filing the invention to use a higher temperature when kneading the near-IR reflecting masterbatch compared to the photochromic masterbatch, in order to properly effectuate processing of the materials that melt at a different temperature. With regard to Claim 9, given that the nylon polymer possesses a higher melting point and a higher processing temperature compared to polypropylene, it would have been obvious to a person having ordinary skill in the art at the time of filing the invention to use a higher temperature when spinning the core-sheath fiber that includes nylon compared to the kneading temperature of the photochromic masterbatch, which only contains polypropylene, in order to properly effectuate processing of the materials that melt at a different temperature. With regard to Claim 10, Pask discloses that the granules can be dried after their formation and prior to spinning into a fiber, and that drying can be done at a lower temperature than granulation by using a vacuum, paragraph [0046], which does not require heat.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada in view of Hahm, Hwu, and Pask as applied to Claim 1 above, and further in view of U.S. Patent Application Publication No. 2003/0158284 to Zheng et al. (“Zheng”).
With regard to Claim 2, Yamada discloses that the thermoplastic resins may include commonly known additives, such as ultraviolet absorber. Page 2. However, the combination of Yamada with Hahm, Hwu, and Pask does not disclose the ultraviolet absorber is present in an amount of 10:90 of an ultraviolet absorber masterbatch, then 1:2 parts of the second mixture. Zheng is also related to photochromic compositions comprising thermoplastic resin. See, e.g., Abstract, entire document. Zheng teaches that UV absorber can be added to thermoplastic composition in an amount ranging from 50 ppm to 1000 ppm, preferably 150 ppm to 300 ppm. Paragraph [0034]. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide a UV absorber into the sheath portion of the fiber disclosed by Yamada with Hahm, Hwu, and Pask in an amount of 10:90 of an ultraviolet absorber masterbatch, then 1:2 parts of the second mixture by weight in order to provide a sufficient amount of UV absorption to effectuate a photochromic effect, as shown to be known by Zheng. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, (CCPA 1976).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada in view of Hahm as applied to Claim 1 above, and further in view of U.S. Patent No. 5,932,309 to Smith et al. (“Smith”).
With regard to Claim 3, Yamada discloses that the thermoplastic resins may include commonly known additives, such as titanium dioxide. Page 2. However, the combination of Yamada with Hahm, Hwu, and Pask does not disclose the titanium dioxide is present in an amount of 30:70 of titanium dioxide masterbatch, then 1:2 parts of the second mixture. Smith is also related to photochromic fibers. See, e.g., Abstract, entire document. Smith teaches that titanium dioxide can be provided to the thermoplastic resin forming the fibers in an amount of about 1%. See, e.g., Examples. It would have been obvious to a person having ordinary skill in the art at the time of filing the invention to provide titanium dioxide into the sheath portion of the fiber disclosed by Yamada with Hahm, Hwu, and Pask in an amount of 30:70 of a titanium dioxide masterbatch, then 1:2 parts of the second mixture by weight in order to provide a sufficient amount of UV absorption to provide a whitening effect to the coloration of the fiber, as shown to be known by Smith. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, (CCPA 1976).
Conclusion
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JEREMY R. PIERCE
Primary Examiner
Art Unit 1789
/JEREMY R PIERCE/ Primary Examiner, Art Unit 1789
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